8th Circuit Upholds Iowa E-Cigarette Law, Rejects Federal Preemption

A panel of the U.S. Court of Appeals for the 8th Circuit ruled on July 30 that Iowa’s e-cigarette sales law is not preempted by federal law, vacating an injunction that had blocked enforcement, according to the Des Moines Register and Mealey’s.

The panel overturned a decision by Chief U.S. District Judge Stephanie Rose, who in May 2025 had blocked nearly all of the law. The majority, in an opinion by Judge Steven Grasz, rejected the argument that the Federal Food, Drug, and Cosmetic Act impliedly preempts state sales restrictions.

The ruling cited the U.S. Supreme Court’s 1949 decision in California v. Zook, which addressed how federal and state regulatory authority interact when Congress has not explicitly barred state action.

Iowa’s law creates a state-approved directory of vape products that can be legally sold in the state and bars sales of products without FDA marketing authorization. The decision clears the path for the state to begin enforcing those restrictions.

The 8th Circuit covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota, so the ruling could influence similar challenges in those states. Twelve states have enacted some form of vape restriction in 2026, as detailed in our state-by-state guide.

Sources

– Des Moines Register (July 31, 2026): Appeals court says Iowa vape law does not conflict with FDA rules – Mealey’s (July 30, 2026): Panel vacates injunction, majority says Iowa e-cig law not preempted – FDA Center for Tobacco Products: FDA tobacco products overview